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⚖ Order 50 • 60 Days Rule 84(1) of the Court of Appeal Rules, 2022

60 Days From Notice of Appeal to Lodge Memorandum & Record of Appeal (Rule 84 CoA Rules)

An appeal to the Court of Appeal shall be instituted by lodging in the appropriate registry, within 60 days of the date when the Notice of Appeal was lodged, the Memorandum of Appeal and the Record of Appeal.

Statutory Window

60 Days

Governed by Rule 84(1) of the Court of Appeal Rules, 2022 and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (60 Days)

An appeal to the Court of Appeal shall be instituted by lodging in the appropriate registry, within 60 days of the date when the Notice of Appeal was lodged, the Memorandum of Appeal and the Record of Appeal.

Key Practice Questions

What happens if the last day of the 60-day period under Rule 84(1) of the Court of Appeal Rules, 2022 falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

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